Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:05-cv-00608-ECH

Document 78

Filed 12/24/2007

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No. 05-608C (Judge Emily Hewitt) ___________________________________________________________________ IN THE UNITED STATES COURT OF FEDERAL CLAIMS

FRANCISCO JAVIER RIVERA AGREDANO and ALFONSO CALDERON LEON, Plaintiffs, v. UNITED STATES OF AMERICA Defendants. _________________________________________________________________________ PLAINTIFF FRANCISCO JAVIER RIVERA AGREDANO'S MOTION FOR AN ENLARGEMENT OF TIME Honorable EMILY HEWITT, Judge Presiding

TERESA TRUCCHI SBN# 135543 SUPPA, TRUCCHI, AND HENEIN, LLP 3055 India Street San Diego, CA 92103 Telephone: (619) 297-7330 Telefax : (619) 297-9658 Attorneys for PLAINTIFF FRANCISCO JAVIER RIVERA AGREDANO

December 24, 2007

Case 1:05-cv-00608-ECH

Document 78

Filed 12/24/2007

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PLAINTIFF'S MOTION FOR AN ENLARGEMENT OF TIME Pursuant to RCFC6(b), plaintiff requests an enlargement of time of two (2) days, to and including Friday, January 4, 2008, within which to file plaintiff's response to the defendant's Memorandum of Contentions of Fact and Law. The plaintiff's response is due on Wednesday, January 2, 2008. This is plaintiff's first request for an enlargement of time for this purpose. Defendant's counsel is unavailable to discuss this request but, based upon prior discussions with defendant's counsel, plaintiff's counsel does not believe that defense counsel would oppose this request. On November 12, 2007, plaintiff filed his pretrial memorandum in this case. Defendant's memorandum was originally due December 10, 2007 but the time extended (without opposition) to December 18, 2007. Plaintiff's counsel will be out of town from December 26, 2007 through January 2, 2008 on a family vacation in Mexico. Plaintiff's counsel had planned to complete the response before she left but suddenly had a great deal of work involving two large unrelated cases which settled in mid-December, 2007 [Jose Alfredo Name Salum v. Raquel Yunes; San Diego Superior Court 873747 and Insurance Company of the West v RPS; Southern District of California Case number 05-CV-00324 DMS (CAB)] and then was quite sick for several days starting December 21, 2007. As such, despite diligent efforts to complete the response, plaintiff's counsel has not been able to properly complete the response and will not be able to complete it before leaving on December 26, 2007. Plaintiff's counsel requests two (2) additional days to complete the document and file it upon her return as it will be difficult (if not impossible) to complete and electronically file the document from the remote location in Mexico where plaintiff's counsel will be from December 26, 2007 to January 2, 2008.

Case 1:05-cv-00608-ECH

Document 78

Filed 12/24/2007

Page 3 of 4

For these reasons, plaintiff requests that the Court grant this motion for an enlargement of time. Respectfully Submitted DATED: December 24, 2007 SUPPA, TRUCCHI & HENEIN, LLP s/Teresa Trucchi By: TERESA TRUCCHI Attorneys for Plaintiffs 3055 India Street San Diego, CA 92103 Telephone: (619) 297-7330 Telefax : (619) 297-9658

Case 1:05-cv-00608-ECH

Document 78

Filed 12/24/2007

Page 4 of 4

CERTIFICATE OF ELECTRONIC FILING This document and all attachments was electronically filed on December 24, 2007 and served on opposing counsel electronically. .DATED: December 24, 2007 SUPPA, TRUCCHI & HENEIN, LLP s/Teresa Trucchi By: TERESA TRUCCHI Attorneys for Plaintiffs SUPPA, TRUCCHI, AND HENEIN, LLP 3055 India Street San Diego, CA 92103 Telephone: (619) 297-7330 Telefax : (619) 297-9658

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